The Western Isles Islands Council (Brevig) Harbour Empowerment Order 1993

PART II HARBOUR REGULATION

Harbour jurisdiction

3.—(1) The area within which the Council shall exercise jurisdiction as a harbour authority within the meaning of section 57 of the Harbours Act 1964 and within which the powers of the harbourmaster shall be exercised shall comprise the harbour premises, together with so much of the waters of Broad Bay (or Loch a' Tuath) below the level of high water as is shown coloured blue on the signed plan, being an area within the following imaginary straight lines:–

(a) a line from a point at Latitude 58° 16.04'N, Longitude 6° 17.96'W to a point at Latitude 58° 15.76'N, Longitude 6° 17.96'W;

(b) a line from that point to a point at Latitude 58° 15.76'N, Longitude 6° 16.76'W;

(c) a line from that point to a point at Latitude 58° 16.23'N, Longitude 6° 16.76'W.

(2) In the event of any discrepancy between the harbour limits as described in paragraph (1) above and the limits s hown on the signed plan, the limits described in the said paragraph shall be deemed to be correct and shall prevail.

(3) For and incidental to their functions under this Order, the Council may employ and appoint a harbourmaster.

Moorings

4.—(1) The Council may provide, place, lay down, maintain, renew, use or remove such moorings, buoys and similar apparatus within the harbour as they consider necessary or desirable for the convenience of vessels.

(2) The Council may from time to time grant a licence to any person to place, lay down, maintain, renew and use moorings, buoys and similar apparatus for vessels in the harbour.

(3) Any person who, without reasonable excuse, shall place, lay down, maintain, renew, or use a mooring, buoy or similar apparatus for vessels within the harbour except under and in accordance with the terms and conditions of a licence granted under this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Any licence granted under paragraph (2) above shall be valid only for a period of three years commencing with the date on which it takes effect.

(5) The Council may charge a reasonable fee for the grant of a licence under this article.

Power to dredge

5.—(1) The Council may from time to time, as may appear to them to be necessary or desirable for the purposes of the undertaking, deepen, widen, dredge, scour and improve the bed and foreshore of the harbour and the approaches thereto, and may blast any rock in that area.

(2) Subject to the provisions of article 35 (Crown rights) of this Order, any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1894(1)) taken up or collected in the course of such operations shall be the property of the Council and may be used, sold, removed, deposited or otherwise disposed of as the Council may think fit:

Provided that the Council shall not lay down or deposit any materials below the level of high water except in such position as the Secretary of State may approve and subject to such conditions and restrictions as he may impose.

General byelaws

6.—(1) The Council may from time to time make byelaws for the efficient management and regulation of the harbour and the undertaking.

(2) Without prejudice to the generality of paragraph (1) above, byelaws made under this article may provide for–

(a) preventing and removing obstructions or impediments within the harbour, and at or in or on the quays and other works and accesses of the harbour;

(b) regulating the berthing or removal of vessels lying in any part of the harbour;

(c) regulating the management and superintendence of the harbour;

(d) regulating the conduct of the owners, masters and crews of vessels and the conduct of boatmen with regard to the rate of speed at which they may proceed within the harbour and the mode of navigating vessels;

(e) regulating the conduct of persons working in or resorting to any fish market operated or maintained by the Council and for preventing nuisances at any such market;

(f) regulating the use of any fish market provided, operated or maintained by the Council;

(g) regulating the conveyance to and the laying down at or on the quays of the harbour, of all goods intended for shipment;

(h) regulating the conveyance, landing, laying down, discharge and removal of goods, gear, equipment, timber, logs, floats, or rafts of timber and other items within the harbour.

(3) Byelaws made under this article may–

(a) provide for imposing upon persons offending against them, or against any condition, requirement or direction imposed, made or given thereunder on summary conviction, fines not exceeding level 3 on the standard scale;

(b) relate to the whole of the harbour or to any part thereof;

(c) make different provisions for different parts of the harbour or in relation to difference classes of vessels.

(4) Where a person is charged with an offence against a byelaw in force under this article, it shall be a defence that the offence was not caused or facilitated by any act or neglect on his part or on the part of any person engaged or employed by him and, if he was at the material time the owner or master of a vessel, that all reasonable steps were taken to prevent the commission of the offence.

(5) For byelaws made under this article the confirming authority for the purposes of section 202 of the Local Government (Scotland) Act 1973(2) shall be the Secretary of State; and where the Secretary of State proposes to exercise the power of modification conferred on him by subsection (10) of the said section 202 and the modification appears to him to be substantial, he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Council and by other persons who have been informed of it.

Power to detain vessels, etc., in certain circumstances

7.  If any person contravenes any of the provisions of this Order or of any byelaw made thereunder by the Council and any damage is occasioned thereby to the property of the Council, they may in addition to any right they have to recover from any such person the cost of repairing or making good any such damage, detain any vessel or other property belonging to or in charge of such person or belonging to his employers until the cost has been paid or until reasonable security therefor has been given to the Council.

Special directions

8.—(1) The harbourmaster may give a direction under this article in respect of a vessel anywhere in the harbour for any of the following purposes:–

(a) requiring persons to comply with a requirement made in or under a general direction;

(b) regulating or requiring the movement, berthing, mooring or unmooring of the vessel;

(c) regulating the loading, discharging, storing and safeguarding of its cargo, fuel, water or stores and the dispatch of its business at harbour premises;

(d) specifying the precautions to be taken in respect of apparatus, machinery and equipment;

(e) as to the use of the motive power of the vessel;

(f) prohibiting or restricting the use of fires or lights;

(g) as to the use of ballast;

(h) requiring the removal from any part of the harbour of a vessel if–

(i) it is on fire; or

(ii) it is in such condition as to be liable to become immobilised or waterlogged, or to sink; or

(iii) it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment thereof by other vessels or persons; or

(iv) its removal is necessary to enable maintenance or repair work to be carried out to harbour premises or to premises adjacent thereto,

and requiring its removal outside the harbour if such removal is considered by the harbourmaster to be necessary in order to avoid danger to life (including wildlife) or to property.

(2) A special direction maybe given in any manner considered by the harbourmaster to be appropriate.

Failure to comply with directions

9.—(1) The master of a vessel who fails to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Without prejudice to any other defence, it shall be a defence to a charge made pursuant to paragraph (1) above that the master had reasonable ground for believing that to comply with the direction in question would have endangered life or imperilled the safety of any vessel or its cargo, or that for other reason such compliance was impracticable.

Enforcement of special directions

10.—(1) Without prejudice to any other remedy available to the Council, if a special direction is not complied with within a reasonable time, the harbourmaster may put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.

(2) If there is no one on board a vessel to attend to a special direction, the harbourmaster may proceed as if the direction had been given and not complied with:

Provided that the powers of this paragraph shall not be exercised–

(a) in relation to a vessel other than a lighter unless, after reasonable inquiry has been made, the master cannot be found; or

(b) in relation to a lighter unless it is obstructing or interfering with navigation.

(3) Expenses incurred by the Council in the exercise of the powers conferred by paragraph (1) above shall be recoverable by them as if they were a charge of the Council in respect of the vessel.

Master’s responsibility in relation to special directions

11.  The giving of a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, to persons on board the vessel, to the cargo or any other person or property.

(1)

1894 c. 60.

(2)

1973 c. 65.